Engdahl v. State

• Decision Date: 13 June 2014
• Docket Number: No. S–13–0201.,S–13–0201.
• Citation: 327 P.3d 114
• Parties: Tina D. ENGDAHL, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

327 P.3d 114

Tina D. ENGDAHL, Appellant (Defendant),

v.The STATE of Wyoming, Appellee (Plaintiff).

No. S–13–0201.

Supreme Court of Wyoming.

June 13, 2014.

Representing Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina Olson, Chief Appellate Counsel; and David E. Westling, Senior Assistant Appellate Counsel. Argument presented by Mr. Westling.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; and Caitlin Young, Assistant Attorney General. Argument by Ms. Young.

Before KITE, C.J., and HILL, BURKE, DAVIS, and FOX, JJ.

HILL, Justice.

[¶ 1] Tina Engdahl entered a conditional Alford plea to one count of possession of a controlled substance in violation of Wyo. Stat. Ann. § 35–7–1031(c)(ii) conditioned upon her right to appeal the district court's previous denial of her motion to suppress evidence. On appeal, Engdahl contends that she should have been permitted to leave the scene of a traffic stop when she asked to do so. She also argues that the deputy lacked reasonable suspicion to detain her and that she should have been read Miranda rights. We will affirm the district court.

ISSUE

[¶ 2] Engdahl presents one issue for our review:

The trial court erred in denying Engdahl's motion to suppress evidence, as law enforcement had no reasonable, articulable suspicion on which to detain her.

FACTS

[¶ 3] On June 14, 2012, Deputy Ryan Undeberg stopped a pickup truck because it did not have license plates. The driver of the truck was unable to provide his license, registration, or proof of insurance. The driver and passenger identified themselves as Ron Harris and Tina Engdahl, respectively. After they identified themselves, the deputy radioed for more information on both individuals and learned that each had a prior drug history and that Harris's driver's license was suspended at that time.

[¶ 4] The deputy then informed Harris that he would receive a citation for driving on a suspended license. The deputy asked more questions regarding the truck at which point Engdahl asked if she could leave the scene and walk to a friend's house. The deputy told her to “hang out for just a sec” as he was still determining the ownership of the truck. At that time Deputy Undeberg obtained the truck's vehicle identification number [VIN] to confirm ownership. Another officer, Corporal Randy Parker, arrived on scene and the two officers discussed the events up to that point. Deputy Undeberg asked Corporal Parker to have his drug dog sniff around the exterior of the truck while Deputy Undeberg talked to Harris. The drug dog indicated there were drugs in the vehicle. Corporal Parker then asked Engdahl if she “had any drug paraphernalia on her.” She admitted that she did and handed Corporal Parker a methamphetamine pipe.

[¶ 5] After handing over her methamphetamine pipe, Engdahl also placed two baggies on the hood of the car at the request of Deputy Undeberg. The deputy then asked Engdahl to remove her coat, which he searched and in which he found a large chunk of suspected methamphetamine. A subsequent pat down search of Engdahl occurred and she was then placed under arrest.

[¶ 6] On June 14, 2012, Engdahl was formally charged with one felony count of possession of a controlled substance in an amount greater than three grams. Defense counsel filed a motion to suppress evidence on behalf of Engdahl, arguing that because Deputy Undeberg did not allow her to leave when she asked permission to do so, a Terry stop was transformed into a custodial interrogation which should have required the deputy to inform Engdahl of her Miranda rights before asking any more questions. Because Deputy Undeberg did not allow her to leave, nor did he inform her of her Miranda rights, Engdahl argued in her motion that her Wyoming and United States constitutional rights were violated and that the court should suppress all evidence obtained after the deputy told her to remain at the scene.

[¶ 7] The district court held a hearing on Engdahl's motion. After hearing testimony from both officers involved and listening to a recording from Deputy Undeberg's dashboard camera the district court denied the motion to suppress. Under the two-part Terry analysis the court concluded the initial stop was justified and that Deputy Undeberg's actions were reasonably related in scope to the circumstances that justified the stop in the first place. According to the district court, Engdahl was not in custody or subject to custodial interrogation when the drugs and paraphernalia were found but was being subject to general on-scene questioning that did not require Miranda warnings.

[¶ 8] Seven months after the denial of the motion to suppress Engdahl entered a conditional Alford plea and reserved her right to appeal the district court's denial of her motion to suppress. The court sentenced her to serve no less than two nor more than four years in prison, suspended in favor of supervised probation. This appeal followed.

STANDARD OF REVIEW

[¶ 9] We review a district court's denial of a motion to suppress as follows:

We review the district court's factual findings on a motion to suppress for clear error. We defer to those findings and view the evidence in the light most favorable to the prevailing party because the district court is in the best position to weigh the evidence, assess the credibility of witnesses, and make the necessary inferences, deductions, and conclusions. However, “we review the ultimate determination regarding the constitutionality of a particular search or seizure de novo.” Sen [v. State, 2013 WY 47 ], ¶ 25, 301 P.3d [106] at 117 [ (Wyo.2013) ] (citing Owens [v. State, 2012 WY 14 ], ¶ 8, 269 P.3d [1093] at 1095 [ (Wyo.2012) ]). See also Lovato v. State, 2010 WY 38, ¶ 11, 228 P.3d 55, 57–58 (Wyo.2010) (quoting Yoeuth v. State, 2009 WY 61, ¶ 16, 206 P.3d 1278, 1282 (Wyo.2009)); Meadows v. State, 2003 WY 37, ¶ 23, 65 P.3d 33, 40 (Wyo.2003) (quoting Gehnert v. State, 956 P.2d 359, 362 (Wyo.1998)).

Hunnicutt–Carter v. State, 2013 WY 103, ¶ 20, 308 P.3d 847, 852 (Wyo.2013); see also Phelps v. State, 2012 WY 87, ¶ 19, 278 P.3d 1148, 1153 (Wyo.2012).

Klomliam v. State, 2014 WY 1, ¶ 14, 315 P.3d 665, 668–669 (Wyo.2014).

DISCUSSION

[¶ 10] In her only issue on appeal, Engdahl claims that the trial court erred in denying her motion to suppress evidence because law enforcement had no reasonable, articulable suspicion on which to detain her. She also claims that because she was illegally detained, she should have received Miranda warnings.

[¶ 11] Our case law on search and seizure law is well settled:

The Fourth Amendment protects individuals from unreasonable searches and seizures. U.S. Const. amend. IV. A routine traffic stop constitutes a seizure within the meaning of the Fourth Amendment “even though the purpose of the stop is limited and the resulting detention quite brief.” Damato v. State, 2003 WY 13, ¶ 9, 64 P.3d 700, 704 (Wyo.2003) (quoting Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 1396, 59 L.Ed.2d 660 (1979)). Because a traffic stop is more analogous to an investigative detention than a custodial arrest, the reasonableness of such stops are analyzed under the two-part test articulated in Terry v. Ohio, 392 U.S. 1, 19–20, 88 S.Ct. 1868, 1879, 20 L.Ed.2d 889 (1968):(1) whether the initial stop was justified; and (2) whether the officer's actions during the detention were “reasonably related in scope to the circumstances that justified the interference in the first instance.” Damato, ¶ 9, 64 P.3d at 705; see also Campbell [v. State, 2004 WY 106 ], ¶ 11, 97 P.3d [781] at 784 [ (Wyo.2004) ]; Barch v. State, 2004 WY 79, ¶ 8, 92 P.3d 828, 832 (Wyo.2004).

Garvin v. State, 2007 WY 190, ¶ 13, 172 P.3d 725, 728–29, (Wyo.2007).¹

[¶ 12] Engdahl does not challenge the appropriateness of the initial stop.²Thus, our analysis focuses on the second prong of the Terry analysis—the reasonableness of the detention as it relates to the initial stop. Again Garvin is instructive here:

During a routine traffic stop, a law enforcement officer may request a driver's license, proof of insurance and vehicle registration, run a computer check, and issue a citation. Campbell, ¶ 12, 97 P.3d at 785; Damato, ¶ 13, 64 P.3d at 706 (citing Burgos–Seberos v. State, 969 P.2d 1131, 1133 (Wyo.1998); United States v. Elliott, 107 F.3d 810, 813 (10th Cir.1997)). Generally, the driver must be allowed to proceed on his way without further delay once the officer determines the driver has a valid driver's license and is entitled to operate the vehicle. Damato, ¶ 13, 64 P.3d at 706; see also United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997); Barch, ¶ 9, 92 P.3d at 832. In the absence of consent, an officer may expand the investigative detention beyond the purpose of the initial stop only if there exists an “ ‘objectively reasonable and articulable suspicion’ that criminal activity has occurred or is occurring.” Damato, ¶ 13, 64 P.3d at 706 (quoting United States v. Williams, 271 F.3d 1262, 1267 (10th Cir.2001)). The existence of objectively reasonable suspicion of criminal activity is determined by evaluating the totality of the circumstances. Damato, ¶ 16, 64 P.3d at 707. The “whole picture” must be considered, “[c]ommon sense and ordinary human experience are to be employed, and deference is to be accorded a law enforcement officer's ability to distinguish between innocent and suspicious actions.” Id. (citing Wood, 106 F.3d at 946).

Garvin, ¶ 14, 172 P.3d at 729.

[¶ 13] Here, the officer became focused on whether or not the vehicle was stolen. After all, the original basis for the stop was the pickup truck's missing license plates and while Engdahl was able to show identification, the driver failed to produce identification, registration, or proof of ownership. Engdahl's request to walk to a friend's house came as the deputy approached the...